Partly allowed

The State of Maharashtra v. Afzalkhan Tajkhan Pathan and Others

Bombay HC24 Jun 2014APPLN/4200/2013

Case brief

AI extract

What is this about?

The High Court granted leave to re-evaluate the trial court's acquittal. Leave was granted, the criminal application treated as an appeal was admitted, and fresh process under Section 390 CrPC was directed whereby respondents on bail were to be released on fresh bonds.

What did the court decide?

Leave granted to re-evaluate evidence; appeal admitted; action under Section 390 CrPC initiated with fresh bonds for bailable accused.

The State of Maharashtra Vs Afzalkhan Tajkhan Pathan and Others — Bail and Remand | Bombay HC (2014)

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cria4200.13

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 4200 OF 2013

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(The State of Maharashtra Vs. Afzalkhan Tajkhan Pathan & Ors.)

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Office Notes,Office MemorandaCourt's or Judge's orders
of Coram,appearances, Court's
orders or directions andCORAM : A.V. NIRGUDE &
Registrar's ordersA.I.S. CHEEMA,JJ.
DATED : 24.06.2014

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Mr.G.R. Ingole, A.P.P. for the
applicant/State.

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Mr. Joydeep Chatterji, Advocate for
respondent Nos.1 to 3.

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1.Heard. Perused the impugned
judgment. The incident in question
occurredatbroaddaylight.

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Identification parade was held in which
respondentNo.3wasidentified.
Learned Judge of the Trial Court
appreciated the evidence on record and
acquitted the accused. We consider it
necessary to re-evaluate the evidence.
For that we have to grant leave.

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2.Leave is granted. Criminal
Application be registered as Criminal
Appeal.

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cria4200.13

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3.Appeal is admitted.

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4.Action under section 390 of
Cr.P.C. be initiated against the
respondents/accused. Since respondent
Nos. 1 & 2 were on bail during the
Trial, they shall be released on same
bail but on fresh bond. As far as
respondent No.3 is concerned, he was
released from the custody only after he
was acquitted. Learned Judge of Trial
Court shall decided about amount of
bail in respect of respondent No.3.

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[A.I.S. CHEEMA,J.] [A.V. NIRGUDE,J.]

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snk /2014/JUN14/cria4200.13

The State of Maharashtra v. Afzalkhan Tajkhan Pathan and Others

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Afzalkhan Tajkhan Pathan and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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